Florida | What’s next for Tomasz Kosowski as judge considers death penalty

Kosowski returns to court Oct. 8 for a Spencer hearing as the judge considers whether to sentence him to death.

Convicted killer Tomasz Kosowski will return to court Oct. 8 as a judge moves closer to deciding whether the former plastic surgeon will be sentenced to death for the murder of attorney Steven Cozzi.

The case is entering its final stage under unusual circumstances. Kosowski is representing himself, waived a jury for both the guilt and penalty phases, and has declined to present mitigation or evidence intended to support a sentence other than death.

Kosowski was found guilty on September 23 of 1st-degree murder in Cozzi's 2023 killing. Cozzi's body has never been found.

After the verdict Wednesday, the judge asked Kosowski directly whether he intended to present mitigation.

“Do you want to present any mitigation at all?” the judge asked.

“No, your honor,” Kosowski responded.

“The defendant indicated he didn’t want to present any mitigation at all, but he also said he didn’t have a death wish,” the judge said.

The court has appointed attorney John Nohlgren as special counsel to identify and present potential mitigation for the judge to consider.

“He’s not state counsel, he’s not defense counsel, he’s court counsel,” the judge explained in court Wednesday. “And he can present any mitigation in the case for the court to consider.”

Nohlgren is expected to present his findings at Kosowski's upcoming Spencer hearing.

Following Wednesday's proceedings, Nohlgren said he planned to reach out again to potential witnesses.

“I would like to reapproach some of the potential witnesses, for example his mother, to see if her position has changed as far as being willing to present mitigation,” Nohlgren said.

What happens if Kosowski is sentenced to death?

Mark Schlakman, senior program director at Florida State University's Center for the Advancement of Human Rights, is not involved in Kosowski's case. Speaking generally about Florida's death penalty process, he said the circumstances surrounding the case include several uncommon variables.

Kosowski represented himself, waived a jury, and is declining to present his own mitigation. The case also resulted in a murder conviction despite Cozzi's body never being recovered.

“Not unprecedented, but in terms of attempting to waive defense counsel and process, it is highly unusual,” Schlakman said.

If Kosowski is ultimately sentenced to death, Schlakman said one part of what happens next is automatic and cannot be waived.

“It will go directly to the Florida Supreme Court, hence the term direct appeal,” Schlakman said. “That’s not waivable. And the Florida Supreme Court will routinely determine whether the legal underpinnings to the case were satisfied.”

Kosowski's Spencer hearing is scheduled for Oct. 8 at 9 a.m.

Source: WTSP News, Staff, September 27, 2026

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde

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